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MATTER OF ESTATE OF ANDERSON

No. 83-1641.

359 N.W.2d 479 (1984)

In the Matter of the ESTATE OF Lloyd P. ANDERSON, Deceased. Donald Rae ANDERSON and Marie Leonard, Appellees, v. Beverly Joan VADNAIS, Dan L. Sedlock, Elizabeth Sedlock, Gretchen Marie Sedlock, Sharman Haywood, Betty Brown Peavey, Theresa Lee, Steve Sedlock, Albert Junior Sedlock, Robert Joseph Sedlock, Reva Sego, Francine Esick, Mary Jennings, George E. Rebol, John Edward Sedlock, Kenneth J. Sedlock, Joey Lee Sedlock, Jeffrey Michael Sedlock, and Jordan David Sedlock, Appellants.

Supreme Court of Iowa.

December 19, 1984.

Attorney(s) appearing for the Case

Dennis W. Emanuel of Webber, Gaumer & Emanuel, Ottumwa, for appellants.

Samuel O. Erhardt and Samuel K. Erhardt, Ottumwa, for appellees.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, SCHULTZ, and WOLLE, JJ.

HARRIS, Justice.

This will construction case turns on whether extrinsic evidence is admissible to show the testator's intent. At issue is a bequest "to my nieces and nephews." If the challenged evidence is admissible it conclusively shows the testator intended to include nieces and nephews by marriage— that is, those who were the children of brothers and sisters of the testator's deceased wife. We think a latent...

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